State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter42

CHAPTER 42 - LOCAL GOVERNMENT INSURANCE PROGRAM

 

ARTICLE 1 - LOCAL GOVERNMENT SELF-INSURANCEPROGRAM

 

1-42-101. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-102. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-103. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-104. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-105. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-106. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-107. Repealed By Laws 2007, ch. 212, 2.

 

 

1-42-108. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-109. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-110. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-111. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-112. Repealed by Laws 2009, Ch. 168, 205.

 

 

1-42-113. Repealed by Laws 2009, Ch. 168, 205.

 

ARTICLE 2 - LOCAL GOVERNMENT SELF-INSURANCEPROGRAM - LOCAL ADMINISTRATION

 

1-42-201. Definitions.

 

(a) As used in this act:

 

(i) "Board" means the local government self-insuranceprogram joint powers board formed pursuant to this act;

 

(ii) "Eligible senior citizen center" means a private,nonprofit corporation which is providing the services to senior citizens underW.S. 18-2-105 in a geographical area which is not otherwise served by a seniorcitizen center which participates in the local government self-insuranceprogram;

 

(iii) "Final judgment" means any judgment for monetarydamages after all appropriate appeals from the judgment have been exhausted orafter the time has expired when appeals may be taken;

 

(iv) "Local government" means as defined by W.S.1-39-103(a)(ii) and includes eligible senior citizen centers;

 

(v) "Local government self-insurance program" or"program" means the program created by this act;

 

(vi) "Public employee" means any officer, employee orservant of a local government including elected or appointed officials andpersons acting on behalf or in service of the local government in any officialcapacity, whether with or without compensation, including individuals engagedin search and rescue operations under the coordination of a county sheriff pursuantto W.S. 18-3-609(a)(iii). "Public employee":

 

(A) Except as provided in subparagraph (b) of this paragraph,does not include an independent contractor, peace officer or a judicial officerexercising the authority vested in him;

 

(B) Includes contract physicians, physician assistants, nurses,optometrists and dentists in the course of providing contract services forcounty jails.

 

(vii) "Scope of duties" means performing any dutieswhich a local government requests, requires or authorizes a public employee toperform, regardless of the time and place of performance;

 

(viii) "This act" means W.S. 1-42-201 through 1-42-206.

 

1-42-202. Local government self-insurance program; creation;authorized payments.

 

(a) There is created the local government self-insuranceprogram to provide a mechanism for local governments to pool resources tohandle claims brought against local governments under the Wyoming GovernmentalClaims Act and arising under federal law. It is the intent of the legislaturethat the local government self-insurance program shall be operated by a jointpowers board formed by local governments participating in the program andadministered in accordance with the provisions of this act. The program shallprovide for assessments by participating local governments, which together withall income from investments of the program and payments by insurance orreinsurance companies are actuarially sufficient to meet anticipated claimsagainst participating local governments and all associated administrativeexpenses.

 

(b) Upon approval of the board, expenditures shall be made bythe program for the following claims which have been settled or reduced tofinal judgment:

 

(i) Claims brought against participating local governments,other than eligible senior citizen centers or their public employees, otherthan peace officers, under the Wyoming Governmental Claims Act;

 

(ii) Claims against participating local governments or theirjudicial officers or public employees, other than peace officers, arising under42 U.S.C. 1983 or other federal statutes subject to the provisions ofsubsection (e) of this section;

 

(iii) Claims brought against participating eligible seniorcitizen centers, including its directors, officers, employees and volunteers,arising from acts within the scope of their activities in rendering any servicethat a senior citizen center may lawfully render;

 

(iv) Claims against contract physicians, physician assistants,nurses, optometrists or dentists brought under the Wyoming Governmental ClaimsAct or federal law, provided:

 

(A) The contract physician, physician assistant, nurse,optometrist or dentist is unable to procure medical malpractice insurancecoverage up to the limits specified in W.S. 1-39-110(b) or 1-39-118(a) as applicable;

 

(B) The liability of the county shall not exceed limitsspecified in W.S. 1-39-118(a) except as the limitation may be increased by W.S.1-39-110(b) both reduced by the amount of the contract physician's, physicianassistant's, nurse's, optometrist's or dentist's malpractice insurance coverageapplicable to such claim; and

 

(C) The claim arises from the services performed by thephysician, physician assistant, nurse, optometrist or dentist for a countyjail.

 

(c) Upon approval of the board, expenditures may also be madefrom the program for expenses related to claims under subsection (b) of thissection, administrative expenses, insurance and services procured in accordancewith W.S. 1-42-203.

 

(d) Claims against participating local governments and theirpublic employees, or a judicial officer exercising the authority vested in him,arising under 42 U.S.C. 1983 or other federal statutes, shall be defended andindemnification paid subject to the following conditions:

 

(i) Public employees of participating local governments, otherthan peace officers, shall be defended and, to the extent provided by paragraph(v) of this subsection, indemnified against any claim or demand, whethergroundless or otherwise, arising out of an alleged act or omission occurring inthe scope of duty;

 

(ii) Any civil action, suit or proceeding which is broughtagainst any public employee which on its face falls within the provisions ofparagraph (i) of this subsection, or which the public employee, other thanpeace officers, asserts is based on an alleged act or omission in the scope ofduty, shall be defended under the program with an automatic reservation ofright by the board to reject the claim unless the act or omission is determinedto be within the scope of duty. Any public employee against whom a claimwithin the scope of this subsection is made shall cooperate fully in thedefense of the claim. If the board determines that the public employee hasnot cooperated or has otherwise acted to prejudice defense of the claim, thedefense of the claim may be rejected at any time;

 

(iii) Unless the act or omission upon which a claim is based isdetermined by the court or jury to be within the public employee's scope ofduty, no funds shall be expended from the program in payment of the finaljudgment against the public employee;

 

(iv) Nothing in this subsection shall be deemed to:

 

(A) Increase the limits of liability under W.S. 1-39-118 forclaims brought under the Wyoming Governmental Claims Act;

 

(B) Affect the liability of a participating local government orof any of its public employees on any claim arising out of the same accident oroccurrence; or

 

(C) Waive the protection of a local government or its publicemployees from liability where immunity has not been specifically waived.

 

(e) The program shall be limited in liability to payment of nomore than five hundred thousand dollars ($500,000.00) for any one (1)occurrence plus loss adjustment expenses. Participating local governments shallbe responsible for the amount of any adjudicated claims and expenses in excessof this amount.

 

(f) Notwithstanding any other provision of this act, noexpenditure shall be made from the program in any action to pay any claim orfinal judgment for exemplary or punitive damages.

 

1-42-203. Self-insurance program board; powers and duties.

 

(a) The board shall:

 

(i) Administer the program;

 

(ii) Provide legal services for the defense of claims covered bythis act;

 

(iii) Procure insurance, including reinsurance, purchase lossprevention, actuarial and other professional services as required by the board;

 

(iv) Establish assessments as necessary to operate the programon an actuarially sound basis. Assessments shall be computed to provide for:

 

(A) Expenditures authorized under this act; and

 

(B) Stabilization charges to develop adequate reserves.

 

(v) Apportion and collect assessments from each participatinglocal government;

 

(vi) Establish deductibles or retentions as deemed necessary forthe efficient operation of the program; and

 

(vii) Adopt rules governing the administration of the program.

 

(b) The board may deny a local government participation in ormay terminate a participant from the program for a failure to pay theassessments required under this act.

 

1-42-204. Claims procedures; compromise or settlement of claims; noextension of liability.

 

(a) Nothing in this act shall be deemed to obviate thenecessity of compliance with W.S. 1-39-113 by any claimant.

 

(b) Any claim covered under this act may be compromised orsettled according to the rules of the board. The provisions of the WyomingAdministrative Procedure Act are not applicable to the payment or settlement ofclaims. Any person or party adversely affected in compromising or settling aclaim shall pursue his remedy in district court pursuant to the Wyoming Rulesof Civil Procedure. The board has no liability, and no cause of action existsagainst the board for failure to settle a claim.

 

(c) Self insurance provided under this act shall not beconsidered a purchase of insurance coverage and shall not be deemed an increaseof the limits of liability under W.S. 1-39-118(b).

 

1-42-205. Local government insurance program not subject to insurancelaws.

 

Nothing in this act shall be construed assubjecting the local government insurance account to the laws of the stateregulating insurance or insurance companies.

 

1-42-206. Confidential information.

 

The claim files maintained by the boardshall be considered privileged and confidential and shall be for the use of theboard only.

 

1-42-207. Repealed By Laws 2008, Ch. 44, 3.

 

 

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter42

CHAPTER 42 - LOCAL GOVERNMENT INSURANCE PROGRAM

 

ARTICLE 1 - LOCAL GOVERNMENT SELF-INSURANCEPROGRAM

 

1-42-101. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-102. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-103. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-104. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-105. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-106. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-107. Repealed By Laws 2007, ch. 212, 2.

 

 

1-42-108. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-109. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-110. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-111. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-112. Repealed by Laws 2009, Ch. 168, 205.

 

 

1-42-113. Repealed by Laws 2009, Ch. 168, 205.

 

ARTICLE 2 - LOCAL GOVERNMENT SELF-INSURANCEPROGRAM - LOCAL ADMINISTRATION

 

1-42-201. Definitions.

 

(a) As used in this act:

 

(i) "Board" means the local government self-insuranceprogram joint powers board formed pursuant to this act;

 

(ii) "Eligible senior citizen center" means a private,nonprofit corporation which is providing the services to senior citizens underW.S. 18-2-105 in a geographical area which is not otherwise served by a seniorcitizen center which participates in the local government self-insuranceprogram;

 

(iii) "Final judgment" means any judgment for monetarydamages after all appropriate appeals from the judgment have been exhausted orafter the time has expired when appeals may be taken;

 

(iv) "Local government" means as defined by W.S.1-39-103(a)(ii) and includes eligible senior citizen centers;

 

(v) "Local government self-insurance program" or"program" means the program created by this act;

 

(vi) "Public employee" means any officer, employee orservant of a local government including elected or appointed officials andpersons acting on behalf or in service of the local government in any officialcapacity, whether with or without compensation, including individuals engagedin search and rescue operations under the coordination of a county sheriff pursuantto W.S. 18-3-609(a)(iii). "Public employee":

 

(A) Except as provided in subparagraph (b) of this paragraph,does not include an independent contractor, peace officer or a judicial officerexercising the authority vested in him;

 

(B) Includes contract physicians, physician assistants, nurses,optometrists and dentists in the course of providing contract services forcounty jails.

 

(vii) "Scope of duties" means performing any dutieswhich a local government requests, requires or authorizes a public employee toperform, regardless of the time and place of performance;

 

(viii) "This act" means W.S. 1-42-201 through 1-42-206.

 

1-42-202. Local government self-insurance program; creation;authorized payments.

 

(a) There is created the local government self-insuranceprogram to provide a mechanism for local governments to pool resources tohandle claims brought against local governments under the Wyoming GovernmentalClaims Act and arising under federal law. It is the intent of the legislaturethat the local government self-insurance program shall be operated by a jointpowers board formed by local governments participating in the program andadministered in accordance with the provisions of this act. The program shallprovide for assessments by participating local governments, which together withall income from investments of the program and payments by insurance orreinsurance companies are actuarially sufficient to meet anticipated claimsagainst participating local governments and all associated administrativeexpenses.

 

(b) Upon approval of the board, expenditures shall be made bythe program for the following claims which have been settled or reduced tofinal judgment:

 

(i) Claims brought against participating local governments,other than eligible senior citizen centers or their public employees, otherthan peace officers, under the Wyoming Governmental Claims Act;

 

(ii) Claims against participating local governments or theirjudicial officers or public employees, other than peace officers, arising under42 U.S.C. 1983 or other federal statutes subject to the provisions ofsubsection (e) of this section;

 

(iii) Claims brought against participating eligible seniorcitizen centers, including its directors, officers, employees and volunteers,arising from acts within the scope of their activities in rendering any servicethat a senior citizen center may lawfully render;

 

(iv) Claims against contract physicians, physician assistants,nurses, optometrists or dentists brought under the Wyoming Governmental ClaimsAct or federal law, provided:

 

(A) The contract physician, physician assistant, nurse,optometrist or dentist is unable to procure medical malpractice insurancecoverage up to the limits specified in W.S. 1-39-110(b) or 1-39-118(a) as applicable;

 

(B) The liability of the county shall not exceed limitsspecified in W.S. 1-39-118(a) except as the limitation may be increased by W.S.1-39-110(b) both reduced by the amount of the contract physician's, physicianassistant's, nurse's, optometrist's or dentist's malpractice insurance coverageapplicable to such claim; and

 

(C) The claim arises from the services performed by thephysician, physician assistant, nurse, optometrist or dentist for a countyjail.

 

(c) Upon approval of the board, expenditures may also be madefrom the program for expenses related to claims under subsection (b) of thissection, administrative expenses, insurance and services procured in accordancewith W.S. 1-42-203.

 

(d) Claims against participating local governments and theirpublic employees, or a judicial officer exercising the authority vested in him,arising under 42 U.S.C. 1983 or other federal statutes, shall be defended andindemnification paid subject to the following conditions:

 

(i) Public employees of participating local governments, otherthan peace officers, shall be defended and, to the extent provided by paragraph(v) of this subsection, indemnified against any claim or demand, whethergroundless or otherwise, arising out of an alleged act or omission occurring inthe scope of duty;

 

(ii) Any civil action, suit or proceeding which is broughtagainst any public employee which on its face falls within the provisions ofparagraph (i) of this subsection, or which the public employee, other thanpeace officers, asserts is based on an alleged act or omission in the scope ofduty, shall be defended under the program with an automatic reservation ofright by the board to reject the claim unless the act or omission is determinedto be within the scope of duty. Any public employee against whom a claimwithin the scope of this subsection is made shall cooperate fully in thedefense of the claim. If the board determines that the public employee hasnot cooperated or has otherwise acted to prejudice defense of the claim, thedefense of the claim may be rejected at any time;

 

(iii) Unless the act or omission upon which a claim is based isdetermined by the court or jury to be within the public employee's scope ofduty, no funds shall be expended from the program in payment of the finaljudgment against the public employee;

 

(iv) Nothing in this subsection shall be deemed to:

 

(A) Increase the limits of liability under W.S. 1-39-118 forclaims brought under the Wyoming Governmental Claims Act;

 

(B) Affect the liability of a participating local government orof any of its public employees on any claim arising out of the same accident oroccurrence; or

 

(C) Waive the protection of a local government or its publicemployees from liability where immunity has not been specifically waived.

 

(e) The program shall be limited in liability to payment of nomore than five hundred thousand dollars ($500,000.00) for any one (1)occurrence plus loss adjustment expenses. Participating local governments shallbe responsible for the amount of any adjudicated claims and expenses in excessof this amount.

 

(f) Notwithstanding any other provision of this act, noexpenditure shall be made from the program in any action to pay any claim orfinal judgment for exemplary or punitive damages.

 

1-42-203. Self-insurance program board; powers and duties.

 

(a) The board shall:

 

(i) Administer the program;

 

(ii) Provide legal services for the defense of claims covered bythis act;

 

(iii) Procure insurance, including reinsurance, purchase lossprevention, actuarial and other professional services as required by the board;

 

(iv) Establish assessments as necessary to operate the programon an actuarially sound basis. Assessments shall be computed to provide for:

 

(A) Expenditures authorized under this act; and

 

(B) Stabilization charges to develop adequate reserves.

 

(v) Apportion and collect assessments from each participatinglocal government;

 

(vi) Establish deductibles or retentions as deemed necessary forthe efficient operation of the program; and

 

(vii) Adopt rules governing the administration of the program.

 

(b) The board may deny a local government participation in ormay terminate a participant from the program for a failure to pay theassessments required under this act.

 

1-42-204. Claims procedures; compromise or settlement of claims; noextension of liability.

 

(a) Nothing in this act shall be deemed to obviate thenecessity of compliance with W.S. 1-39-113 by any claimant.

 

(b) Any claim covered under this act may be compromised orsettled according to the rules of the board. The provisions of the WyomingAdministrative Procedure Act are not applicable to the payment or settlement ofclaims. Any person or party adversely affected in compromising or settling aclaim shall pursue his remedy in district court pursuant to the Wyoming Rulesof Civil Procedure. The board has no liability, and no cause of action existsagainst the board for failure to settle a claim.

 

(c) Self insurance provided under this act shall not beconsidered a purchase of insurance coverage and shall not be deemed an increaseof the limits of liability under W.S. 1-39-118(b).

 

1-42-205. Local government insurance program not subject to insurancelaws.

 

Nothing in this act shall be construed assubjecting the local government insurance account to the laws of the stateregulating insurance or insurance companies.

 

1-42-206. Confidential information.

 

The claim files maintained by the boardshall be considered privileged and confidential and shall be for the use of theboard only.

 

1-42-207. Repealed By Laws 2008, Ch. 44, 3.

 

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter42

CHAPTER 42 - LOCAL GOVERNMENT INSURANCE PROGRAM

 

ARTICLE 1 - LOCAL GOVERNMENT SELF-INSURANCEPROGRAM

 

1-42-101. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-102. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-103. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-104. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-105. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-106. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-107. Repealed By Laws 2007, ch. 212, 2.

 

 

1-42-108. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-109. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-110. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-111. Repealed By Laws 2007, Ch. 212, 2.

 

 

1-42-112. Repealed by Laws 2009, Ch. 168, 205.

 

 

1-42-113. Repealed by Laws 2009, Ch. 168, 205.

 

ARTICLE 2 - LOCAL GOVERNMENT SELF-INSURANCEPROGRAM - LOCAL ADMINISTRATION

 

1-42-201. Definitions.

 

(a) As used in this act:

 

(i) "Board" means the local government self-insuranceprogram joint powers board formed pursuant to this act;

 

(ii) "Eligible senior citizen center" means a private,nonprofit corporation which is providing the services to senior citizens underW.S. 18-2-105 in a geographical area which is not otherwise served by a seniorcitizen center which participates in the local government self-insuranceprogram;

 

(iii) "Final judgment" means any judgment for monetarydamages after all appropriate appeals from the judgment have been exhausted orafter the time has expired when appeals may be taken;

 

(iv) "Local government" means as defined by W.S.1-39-103(a)(ii) and includes eligible senior citizen centers;

 

(v) "Local government self-insurance program" or"program" means the program created by this act;

 

(vi) "Public employee" means any officer, employee orservant of a local government including elected or appointed officials andpersons acting on behalf or in service of the local government in any officialcapacity, whether with or without compensation, including individuals engagedin search and rescue operations under the coordination of a county sheriff pursuantto W.S. 18-3-609(a)(iii). "Public employee":

 

(A) Except as provided in subparagraph (b) of this paragraph,does not include an independent contractor, peace officer or a judicial officerexercising the authority vested in him;

 

(B) Includes contract physicians, physician assistants, nurses,optometrists and dentists in the course of providing contract services forcounty jails.

 

(vii) "Scope of duties" means performing any dutieswhich a local government requests, requires or authorizes a public employee toperform, regardless of the time and place of performance;

 

(viii) "This act" means W.S. 1-42-201 through 1-42-206.

 

1-42-202. Local government self-insurance program; creation;authorized payments.

 

(a) There is created the local government self-insuranceprogram to provide a mechanism for local governments to pool resources tohandle claims brought against local governments under the Wyoming GovernmentalClaims Act and arising under federal law. It is the intent of the legislaturethat the local government self-insurance program shall be operated by a jointpowers board formed by local governments participating in the program andadministered in accordance with the provisions of this act. The program shallprovide for assessments by participating local governments, which together withall income from investments of the program and payments by insurance orreinsurance companies are actuarially sufficient to meet anticipated claimsagainst participating local governments and all associated administrativeexpenses.

 

(b) Upon approval of the board, expenditures shall be made bythe program for the following claims which have been settled or reduced tofinal judgment:

 

(i) Claims brought against participating local governments,other than eligible senior citizen centers or their public employees, otherthan peace officers, under the Wyoming Governmental Claims Act;

 

(ii) Claims against participating local governments or theirjudicial officers or public employees, other than peace officers, arising under42 U.S.C. 1983 or other federal statutes subject to the provisions ofsubsection (e) of this section;

 

(iii) Claims brought against participating eligible seniorcitizen centers, including its directors, officers, employees and volunteers,arising from acts within the scope of their activities in rendering any servicethat a senior citizen center may lawfully render;

 

(iv) Claims against contract physicians, physician assistants,nurses, optometrists or dentists brought under the Wyoming Governmental ClaimsAct or federal law, provided:

 

(A) The contract physician, physician assistant, nurse,optometrist or dentist is unable to procure medical malpractice insurancecoverage up to the limits specified in W.S. 1-39-110(b) or 1-39-118(a) as applicable;

 

(B) The liability of the county shall not exceed limitsspecified in W.S. 1-39-118(a) except as the limitation may be increased by W.S.1-39-110(b) both reduced by the amount of the contract physician's, physicianassistant's, nurse's, optometrist's or dentist's malpractice insurance coverageapplicable to such claim; and

 

(C) The claim arises from the services performed by thephysician, physician assistant, nurse, optometrist or dentist for a countyjail.

 

(c) Upon approval of the board, expenditures may also be madefrom the program for expenses related to claims under subsection (b) of thissection, administrative expenses, insurance and services procured in accordancewith W.S. 1-42-203.

 

(d) Claims against participating local governments and theirpublic employees, or a judicial officer exercising the authority vested in him,arising under 42 U.S.C. 1983 or other federal statutes, shall be defended andindemnification paid subject to the following conditions:

 

(i) Public employees of participating local governments, otherthan peace officers, shall be defended and, to the extent provided by paragraph(v) of this subsection, indemnified against any claim or demand, whethergroundless or otherwise, arising out of an alleged act or omission occurring inthe scope of duty;

 

(ii) Any civil action, suit or proceeding which is broughtagainst any public employee which on its face falls within the provisions ofparagraph (i) of this subsection, or which the public employee, other thanpeace officers, asserts is based on an alleged act or omission in the scope ofduty, shall be defended under the program with an automatic reservation ofright by the board to reject the claim unless the act or omission is determinedto be within the scope of duty. Any public employee against whom a claimwithin the scope of this subsection is made shall cooperate fully in thedefense of the claim. If the board determines that the public employee hasnot cooperated or has otherwise acted to prejudice defense of the claim, thedefense of the claim may be rejected at any time;

 

(iii) Unless the act or omission upon which a claim is based isdetermined by the court or jury to be within the public employee's scope ofduty, no funds shall be expended from the program in payment of the finaljudgment against the public employee;

 

(iv) Nothing in this subsection shall be deemed to:

 

(A) Increase the limits of liability under W.S. 1-39-118 forclaims brought under the Wyoming Governmental Claims Act;

 

(B) Affect the liability of a participating local government orof any of its public employees on any claim arising out of the same accident oroccurrence; or

 

(C) Waive the protection of a local government or its publicemployees from liability where immunity has not been specifically waived.

 

(e) The program shall be limited in liability to payment of nomore than five hundred thousand dollars ($500,000.00) for any one (1)occurrence plus loss adjustment expenses. Participating local governments shallbe responsible for the amount of any adjudicated claims and expenses in excessof this amount.

 

(f) Notwithstanding any other provision of this act, noexpenditure shall be made from the program in any action to pay any claim orfinal judgment for exemplary or punitive damages.

 

1-42-203. Self-insurance program board; powers and duties.

 

(a) The board shall:

 

(i) Administer the program;

 

(ii) Provide legal services for the defense of claims covered bythis act;

 

(iii) Procure insurance, including reinsurance, purchase lossprevention, actuarial and other professional services as required by the board;

 

(iv) Establish assessments as necessary to operate the programon an actuarially sound basis. Assessments shall be computed to provide for:

 

(A) Expenditures authorized under this act; and

 

(B) Stabilization charges to develop adequate reserves.

 

(v) Apportion and collect assessments from each participatinglocal government;

 

(vi) Establish deductibles or retentions as deemed necessary forthe efficient operation of the program; and

 

(vii) Adopt rules governing the administration of the program.

 

(b) The board may deny a local government participation in ormay terminate a participant from the program for a failure to pay theassessments required under this act.

 

1-42-204. Claims procedures; compromise or settlement of claims; noextension of liability.

 

(a) Nothing in this act shall be deemed to obviate thenecessity of compliance with W.S. 1-39-113 by any claimant.

 

(b) Any claim covered under this act may be compromised orsettled according to the rules of the board. The provisions of the WyomingAdministrative Procedure Act are not applicable to the payment or settlement ofclaims. Any person or party adversely affected in compromising or settling aclaim shall pursue his remedy in district court pursuant to the Wyoming Rulesof Civil Procedure. The board has no liability, and no cause of action existsagainst the board for failure to settle a claim.

 

(c) Self insurance provided under this act shall not beconsidered a purchase of insurance coverage and shall not be deemed an increaseof the limits of liability under W.S. 1-39-118(b).

 

1-42-205. Local government insurance program not subject to insurancelaws.

 

Nothing in this act shall be construed assubjecting the local government insurance account to the laws of the stateregulating insurance or insurance companies.

 

1-42-206. Confidential information.

 

The claim files maintained by the boardshall be considered privileged and confidential and shall be for the use of theboard only.

 

1-42-207. Repealed By Laws 2008, Ch. 44, 3.

 

 

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